My question involves court procedures for the state of: Virginia (Circuit Court)
Hi, in the Circuit Court of Virginia an Intentional Tort case was filed against several John Doe's based on comments made on the internet.
One John Doe received a subpoena that was served on her ISP.
Upon receipt she contacted her local attorney. Her attorney told her, he could not help as he was not licensed in that state. The party who's identity is requested does not live in Virginia, nor have any ties to Virginia.
At that time she contacted a Virginia attorney who wanted several thousand dollars and said it was a 60/40 shot to get the subpoena quashed. Several other attorney's wanted similar money and offered no assurances.
At this time she decided to proceed on her own. With some intense research and the information sent with the subpoena, she filed a motion to quash citing jurisdictional conflicts and a motion for protective order. These were sent to the court, the ISP, and the plaintiff's attorney. The judge denied the motions and issued an order stating the signature block was improperly completed(only signed John Doe). At this time she refiled "amended" motions with her ISP and an email address, as well as an email address in which she could be contacted. She also submitted a written objection to the court, which was part of the subpoena package from Virginia.
These were all received by the clerk and sent up to the judge. I assume the judge reviewed these. The file was then sent back down to the clerk, with no order or any other notes, etc.
It sat this way for several weeks. Then the plaintiff's attorney filed a motion to compel with the subpoena, a brief, and an order requesting the judge to sign. This was filed with the clerk and sent to the judge, who again I assume reviewed, and then sent the file back to the clerk with no ruling or order.
What is happening? Should she be doing anything?
Any help would be appreciated!!!
Someone suggested that the judge may want a hearing on these motions. If this is the case, does someone have to represent her, because appearing herself is not possible because of the travel and would void the John Doe status. Hiring a lawyer may be a burden financially.